Credit: The Council of Europe
The European Committee of Social Rights held its 277th Session from March 16 to March 20, 2015 in Strasbourg, France. The Committee, which is made up of 15 independent experts, is charged with overseeing State compliance with the European Social Charter, which protects economic and social rights. The agenda for this session included reviewing 16 collective complaints, examining national reports, discussing Charter provisions that have not been accepted by all States, reviewing its working methods, following up on the Turin process, preparing its annual activity report, and engaging with the General Coordinator of the Academic Network on the European Social Charter. Specifically, the Committee made progress in its decisions on four complaints, and reviewed national reports from the United Kingdom, Germany, Spain, the Czech Republic, Malta, and Estonia concerning their compliance with the Charter provisions relating to children, families, and migrants.
Collective Complaints
During the session, the Committee examined the progress of collective complaints proceedings, examining the admissibility or merits of the following four cases. The Committee publishes its admissibility and merits decisions on its collective complaints webpage.
The Committee deliberated for the first time on the merits of Confederazione Generale Italiana del Lavoro (CGIL) v. Italy, No. 91/2013 [Italian], in which trade union Confederazione Generale Italiana del Lavoro alleged that Article 9 of Law No. 194 of 1978, which governs medical practitioners’ conscientious objections in cases of pregnancy termination, violates the right to health as well several aspects of the right to work, as guaranteed by the European Social Charter.
The Committee decided on the admissibility of Associazione sindacale “La Voce dei Giusti” v. Italy, No. 105/20143, in which La Voce dei Giusti, a trade union, brought a complaint against Italy on grounds that the State was not complying with the European Social Charter’s right to vocational training by not providing a certain category of teachers free access to training that would allow them to obtain a specialization for working with students with disabilities.
The Committee adopted a decision on the admissibility of International Federation for Human Rights v. Ireland, No. 110/2014, in which the International Federation for Human Rights alleged that Irish law and policy on “local authority” or social housing violates the following rights under the European Social Charter: the right to health; the right of the family to social, legal and economic protection; the right of children and young persons to social, legal, and economic protection; the right to protection against poverty and social exclusion; and the right to non-discrimination.
During this session, the Committee adopted its merits decision concerning Federation of Catholic Family Associations in Europe (FAFCE) v. Sweden, No. 99/2013. The Federation of Catholic Family Associations in Europe brought this complaint against Sweden, alleging that the State is violating the right to the protection of health and non-discrimination by failing to enact a legal framework concerning conscientious objection by healthcare providers. The Committee admitted this case in September of 2013.
Examination of National Reports
The Committee reviewed national thematic reports regarding the right of children and young persons to protection (Article 7); the right of employed women to protection (Article 8)/the right of employed women to protection of maternity (revised 1996 European Social Charter); the right of the family to social, legal, and economic protection (Article 16); the right of mothers and children to social and economic protection (Article 17)/the right of children and young persons to social, legal and economic protection (Article 17, revised 1996 European Social Charter); and the right of migrant workers and their families to protection and assistance (Article 19). The reports, which cover the time period from January 1, 2010 to December 31, 2013, include information concerning the States’ general legal frameworks, child poverty, and housing.
These reports for the 2015 cycle were submitted to the Committee by the United Kingdom, Germany, Spain [French], and the Czech Republic under the 1961 European Social Charter, and by Malta and Estonia under the revised 1996 European Social Charter.
While Malta did not address the right of migrant workers and their families to protection and assistance (Article 19) in its report, Estonia did do so. Both States addressed the right of workers with family responsibilities to equal opportunities and equal treatment (Article 27) provided under the 1996 Charter.
United Kingdom
The United Kingdom’s 34th national report on the implementation of the European Social Charter included review of the measures taken to raise awareness of revised laws on the right of young people to protection, and responded to Committee requests for information of the situation of apprentices, strategies to address domestic violence, and guidance for migrant workers leaving the United Kingdom.
Germany
Germany’s 32nd national report on its implementation of the European Social Charter included information with respect to the prohibition of night work for persons under 18 years of age, maternity leave, and the facilitation of family reunification for migrant workers.
Spain
Spain’s 27th national report [French] describing its implementation of the European Social Charter included examples of efforts to protect young people in risky occupations, steps taken to protect victims of human trafficking, and guidelines for appropriate working conditions.
Czech Republic
The Czech Republic’s 12th report detailing its implementation of the European Social Charter included descriptions of the steps taken to protect the education of children who are not yet 15 years of age, guidelines for minimum wage, laws for female employees nursing their infants, and the prevention of corporal punishment.
Malta
Malta’s eighth report on implementation of the European Social Charter included information about its regulations on night work for pregnant employees, social housing services, and education for children.
Estonia
Estonia’s 12th national report on the implementation of the European Social Charter included discussion of special protection of minors (for example, with respect to sexual exploitation), family counselling services, language education options for migrants, and childcare services.
Meetings on Non-Accepted Provisions
States that have ratified the Charter must report on non-accepted provisions at appropriate intervals after the date of ratification, pursuant to Article 22 of the 1961 European Social Charter. During its most recent session, the Committee reviewed the latest developments concerning the provisions that have not been accepted by Bulgaria, Cyprus, Estonia, Georgia, Ireland, Malta, Montenegro, Romania, Slovak Republic, and Slovenia. The Committee also adopted its report regarding Slovenia’s compliance with non-accepted provisions. The Committee’s prior reports on non-accepted provisions are organized by State and year on its webpage.
Additional Information
For more information on the structure and procedures of the European Committee of Social Rights, see IJRC’ s Online Resource Hub.